Beruflich Dokumente
Kultur Dokumente
undersigned counsel, hereby responds to the Complaint of Plaintiffs, and deny each and every
allegation of the Complaint except as may be expressly admitted herein, and further responds to
the specific allegations of Plaintiff's Complaint, in accordance with the numbered paragraphs
thereof, as follows:
2. Admitted.
3. Admitted.
5. Admitted.
6. Admitted.
FACTUAL ALLEGATIONS
7. Admitted in part and denied in part. Defendant admits only that minor Plaintiff
was a student at Kingstree Middle Magnet School on February 26, 2016, and after being found in
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a restroom with a male student minor Plaintiff reported that a male student sexually assaulted
her. Defendant also admits that the male student’s identity is known. Any remaining allegations
8. Denied.
9. Denied.
10. Denied.
11. Admitted.
12. Denied.
13. Admitted in part and denied in part. Defendant admits that the male student told
administrators that he went to the restroom to get his money from the minor Plaintiff. The
14. Denied.
15. Denied.
16. Denied.
18. Denied.
19. Admitted.
22. Denied.
24. Denied.
25. Denied.
26. Denied.
27. Defendant admits only that alleged victim 1 reported that she was allegedly
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assaulted in the restroom.
28. The allegations of Paragraph 28 are denied to the extent that they contain legal
conclusions regarding whether a sexual assault occurred. Remaining allegations are denied for
lack of knowledge.
29. Denied.
30. The allegations of Paragraph 30 are denied to the extent that they contain legal
32. Admitted in part and denied in part. Defendant admits only that Assistant
Principal Burgess and Principal Gadsden met with law enforcement regarding alleged Victim 1’s
allegations and attempted to address their questions. All remaining allegations are denied.
35. Denied.
36. Denied.
37. Denied.
38. Denied.
39. Denied.
40. Denied.
41. Denied.
42. Denied.
43. Denied.
44. Denied.
45. Denied.
46. Denied.
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47. Denied.
48. Denied.
CAUSE OF ACTION
Gross Negligence- Tort Claims Act
above.
50. Denied as stated. Defendant admits only that its duties and responsibilities
towards its students, including minor Plaintiff, are defined and controlled by the South Carolina
Tort Claims Act and any other applicable state or federal law, and Defendant refers to those laws
as the best source concerning its duties and responsibilities to students. Any remaining
51. Denied as stated. Defendant admits only that its duties and responsibilities
towards its students, including minor Plaintiff, are defined and controlled by the South Carolina
Tort Claims Act and any other applicable state or federal law, and Defendant refers to those laws
as the best source concerning its duties and responsibilities to students. Any remaining
52. Denied.
53. Denied.
55. Denied.
56. Denied.
57. Denied.
CAUSE OF ACTION
Outrage
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58. Defendant incorporates by reference its response to paragraphs 1 through 58
above.
60. Denied.
61. Denied.
62. Denied.
CAUSE OF ACTION
Defamation-Slander
above.
64. Admitted.
65. Denied.
66. Denied.
67. Denied.
Defendant is immune from liability under Section 15-78-60(5) of the Tort Claims Act to
the extent Plaintiffs’ alleged injuries resulted, if at all, from Defendant’s exercise of discretion or
discretion or judgment.
Defendant is immune from liability under Section 15-78-60(25) of the Tort Claims Act to
the extent Plaintiffs’ alleged injuries resulted, if at all, from an exercise of Defendant’s
responsibility or duty to supervise, protect, and control its students and/or employees, and did not
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THIRD AFFIRMATIVE DEFENSE
Plaintiffs’ claims are subject to the South Carolina Tort Claims Act's limitations and
immunities with respect to causes of action and liability, including §§15-78-40, and -70.
Defendant pleads as a further bar to and limitation on this action each and every
provision of the South Carolina Tort Claims Act, including the limitations on damages and the
Any claims for punitive damages are subject to, limited by, and governed by the due
process clause of the United States Constitution and by the South Carolina constitution.
Any injury claimed to have been sustained by Plaintiffs was not proximately caused by
an act of Defendant, but rather was due to the intervening, independent, and intentional act of a
third person; said act being the sole, proximate and direct cause of Plaintiffs’ alleged injuries, for
Defendant is not liable to the extent that the Complaint and each and every cause of
action in the Complaint fails to state facts sufficient to constitute a cause of action or to state a
Any recovery allegedly due to the Plaintiffs, which is denied, is limited to no more than
the amount of damages set forth as recoverable under the Tort Claims Act.
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Defendant is immune from liability under the Tort Claims Act to the extent that
Plaintiffs’ injuries are alleged to have resulted from the adoption, enforcement, or compliance
with any law, charter, provision, ordinance, resolution, rule, regulation, or written policy, or the
failure to adopt or enforce any law, charter, provision, ordinance, resolution, rule, regulation, or
written policy.
To the extent Plaintiffs’ attempt to state a claim for outrage/intentional infliction and
negligent infliction of emotional distress, these claims are barred by the South Carolina Tort
Claims Act because such claims are excluded by the statute’s definition of “loss.”
prays that this Court dismiss this action in its entirety and award Defendant its costs and a
Respectfully submitted,
July 3, 2018
Columbia, South Carolina